Eastern District of California • 2:25-cv-01757

#1

Jun 23, 2025

Petition for Writ of Habeas Corpus

#2

Jun 23, 2025

Temporary Restraining Order

#3

Jun 24, 2025

Summons

#4

Jun 24, 2025

CIVIL NEW CASE DOCUMENTS ISSUED; Joint Status Report Filing Deadline: 10/6/2025 (Attachments: # 1 Standing Order, # 2 Consent Form, # 3 VDRP) (Deputy Clerk VLK) (Entered: 06/24/2025)

#5

Jun 24, 2025

MINUTE ORDER issued on 6/24/2025 by the Courtroom Deputy for District Judge Dena M. Coggins: On 6/23/2025, Petitioner filed a 1 Petition for Writ of Habeas Corpus in this action along with a 2 Motion for Temporary Restraining Order, which the court has reviewed. No later than today, 6/24/2025, by 12:00 PM, Petitioner's Counsel is DIRECTED (1) to serve Respondents with a copy of the Petition, Motion for Temporary Restraining Order, and accompanying papers, along with this Order, by overnight mail and e-mail to the United States Attorney's Office for the Eastern District of California (attn. United States Attorneys Audrey Hemesath Audrey.hemesath@usdoj.gov and Shelley Weger shelley.weger@usdoj.gov); and (2) to promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter Notices of Appearance. Respondents may file a written Opposition to the pending Motion by 12:00 PM on 6/25/2025. The parties are ORDERED to appear for a hearing on Petitioner's Motion on 6/25/2025 at 4:30 PM in Courtroom 8 before District Judge Dena M. Coggins, 13th Floor, of the Robert T. Matsui Federal Courthouse. If the parties were to jointly agree upon a less demanding briefing scheduling and hearing date, the court will consider the parties' proposal. Pending the scheduled hearing, Respondents may continue any revocation procedures under 8 C.F.R. 241.13(i). However, Respondents may not remove Petitioner pending the court's issuance of a ruling on Petitioner's Motion for Temporary Restraining Order. (Text Only Entry) (Deputy Clerk CRS) (Entered: 06/24/2025)

#6

Jun 24, 2025

Certificate / Proof of Service

Jun 24, 2025

Minute Order AND ~Util - Set/Reset Motion Hearing

#7

Jun 25, 2025

STIPULATION and PROPOSED ORDER to Modify Briefing and Hearing Schedule by Tonya Andrews, Moises Becerra, Pam Bondi, Kristi Noem, Caleb Vitello. Attorney Rodriguez, Michelle added. (Rodriguez, Michelle) Modified on 6/29/2025 (AMW). (Entered: 06/25/2025)

#8

Jun 25, 2025

MINUTE ORDER issued on 6/25/2025 by the Courtroom Deputy for District Judge Dena M. Coggins: On 6/25/2025, the parties filed a 7 Stipulation to modify the briefing and hearing schedule for 2 Petitioner's Motion for Temporary Restraining Order. Having considered the parties' Stipulation and good cause appearing, the court ADOPTS the following schedule: (1) Respondents' Response to Petitioner's Motion for a Temporary Restraining Order is to be filed by 6/27/2025, at 12:00 PM (Noon); (2) Petitioner's Reply to the Response is to be filed by 6/28/2025, at 5:00 PM; and (3) the Motion Hearing on Petitioner's Motion for Temporary Restraining Order set for 6/25/2025 is VACATED and RESET for 6/30/2025, at 2:00 PM in Courtroom 8 before District Judge Dena M. Coggins, 13th Floor, of the Robert T. Matsui Federal Courthouse. The parties may appear in person or remotely via video conferencing through the Zoom application. No later than 6/27/2025 at 4:00 PM, the parties shall notify the Courtroom Deputy if they will be appearing by video conferencing. The Courtroom Deputy will provide counsel with the hearing access information no less than 24 hours before the hearing. (Text Only Entry) (Deputy Clerk CRS) (Entered: 06/25/2025)

Jun 25, 2025

Minute Order AND ~Util - Set/Reset Motion Hearing

#9

Jun 26, 2025

Application for Pro Hac Vice and Proposed Order

#10

Jun 26, 2025

ORDER signed by District Judge Dena M. Coggins on 6/26/2025 GRANTING 9 Application for Pro Hac Vice. Added attorney Christine Raymond, PHV for Phong Phan. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. (Deputy Clerk KEZ)

#11

Jun 27, 2025

Opposition to Motion

#12

Jun 28, 2025

Reply to Response to Motion

#13

Jun 30, 2025

MINUTES for MOTION HEARING held before District Judge Dena M. Coggins on 6/30/2025. Petitioner's Counsel, Christine Raymond, present. Respondent's Counsel, Michelle Rodriguez, present. After hearing oral argument as to Petitioner's 2 Motion for Temporary Restraining Order, the court SUBMITTED the matter. An order will issue to resolve the pending matter. Court Reporter: Maryann Valenoti. (Text Only Entry) (Deputy Clerk CRS) (Entered: 06/30/2025)

#14

Jun 30, 2025

ORDER signed by District Judge Dena M. Coggins on 6/30/2025 DENYING Petitioner's 2 Motion for Temporary Restraining Order and Motion for Preliminary Injunction. This matter is REFERRED to the assigned Magistrate Judge for further proceedings. (Deputy Clerk CRS)

Jun 30, 2025

Motion Hearing AND Order on Motion for TRO

#15

Jul 03, 2025

Amended Petition for Writ of Habeas Corpus

#16

Jul 09, 2025

Temporary Restraining Order

#17

Jul 10, 2025

STIPULATION re Briefing Schedule for 16 Motion for TRO by Phong Phan. (Attachments: # 1 Proposed Order)(Nightingale, Zachary) Modified on 7/11/2025 (HAH). (Entered: 07/10/2025)

#18

Jul 10, 2025

ORDER signed by Chief District Judge Troy L. Nunley on 7/10/2025 SETTING the Briefing Scheduling for the 16 Motion for TRO as Follows: Respondents' Opposition due by 7/15/2025 at 12:00 pm ; Petitioner's Optional Reply due by 7/16/2025 at 12:00 pm ; and Motion Hearing set for 7/17/2025 at 02:00 PM in Courtroom 8 (DC) before District Judge Dena M. Coggins. (Deputy Clerk JJD)

#19

Jul 15, 2025

Opposition to Motion

#20

Jul 15, 2025

REPLY in support of 16 Motion for Temporary Restraining Order by Phong Phan . (Attachments: # 1 Declaration)(Raymond, Christine) Modified on 7/16/2025 (HAH). (Entered: 07/15/2025)

#21

Jul 16, 2025

MINUTE ORDER issued by Courtroom Deputy for District Judge Dena M. Coggins on 7/16/2025: Pursuant to Local Rule 230(g), the pending 16 Motion for a Temporary Restraining Order is SUBMITTED without oral argument. An order on that motion will be issued shortly. Accordingly, the hearing set for 7/17/2025 is VACATED. (Text Only Entry). (Deputy Clerk JJD) (Entered: 07/16/2025)

#22

Jul 16, 2025

ORDER signed by District Judge Dena M. Coggins on 7/16/2025 GRANTING 16 Motion for TRO and Preliminary Injunction. The Respondents are ORDERED to IMMEDIATELY RELEASE Petitioner from Respondents' Custody. The Respondents are ENJOINED and REST RAINED from re-detaining or removing Petitioner to a third country without notice and an opportunity to be heard. This court will set an expedited briefing schedule on the petition for writ of habeas corpus by order following the issuance of this order. (Deputy Clerk JJD)

Jul 16, 2025

Minute Order

#23

Jul 17, 2025

MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dena M. Coggins on 7/17/2025: Pursuant to 28 U.S.C. § 2243, the court ORDERS the following expedited briefing schedule on the pending 15 First Amended Petition for Writ of Habeas Corpus: Respondents shall file an answer or otherwise respond to the 15 First Amended Petition for Writ of Habeas Corpus by no later than 7/28/2025. Petitioner shall file a reply, if any, by no later than 8/4/2025. (Text Only Entry) (Deputy Clerk RAA) (Entered: 07/17/2025)

Jul 17, 2025

Minute Order AND ~Util - 1 Set/Reset Deadlines and Hearings

#24

Jul 28, 2025

Dismiss

#25

Aug 04, 2025

REPLY in Support of 15 First Amended Petition by Phong Phan. (Raymond, Christine) Modified on 8/6/2025 (KS). (Entered: 08/04/2025)

#26

Mar 05, 2026

Findings and Recommendations

#27

Mar 11, 2026

DESIGNATION of COUNSEL FOR SERVICE. Attorney Heiko Philipp Coppola, GOVT added for All Respondents. Attorney Michelle Rodriguez terminated. (Coppola, Heiko) Modified on 3/16/2026 (KS). (Entered: 03/11/2026)

#28

Mar 12, 2026

Objections to Findings and Recommendations

#29

Mar 19, 2026

RESPONSE by Phong Phan to 28 Objections to Findings and Recommendations. (Raymond, Christine) (Entered: 03/19/2026)

#30

Apr 06, 2026

Findings and Recommendations AND Order Adopting Findings and Recommendations AND Order on Motion to Dismiss

#31

Apr 15, 2026

FINDINGS and RECOMMENDATIONS (Text only) signed by Magistrate Judge Jeremy D. Peterson on 4/15/2026: After petitioner initiated this action, the court granted injunctive relief by way of ordering petitioner's release. (ECF No. 22 .) After respondents moved to dismiss, the court adopted my findings and recommendations, denied the motion to dismiss, and referred the matter to me for further proceedings. (ECF No. 30 .) Still pending is petitioner's first amended petition for writ of habeas corpus under 28 U.S.C. § 2241. (ECF No. 15 .) The primary dispute between the parties is whether respondents properly revoked petitioner's supervised release under 8 C.F.R. § 241.13(i). I have addressed this issue previously and have found that, where the government fails to demonstrate a change of circumstances such that there is a significant likelihood of removal in the reasonably foreseeable future, a petitioner's supervised release cannot be revoked under § 241.13(i). See Vue v. Warden of Golden State Annex Det. Facility, No. 1:25-cv-1713-JDP, 2026 WL 482673 (E.D. Cal. Feb. 20, 2026). After considering the parties' filings, and for the reasons stated in Vue, I find that ICE re-detained petitioner in violation of § 241.13(i) and hereby RECOMMEND the following: (1) the first amended petition for writ of habeas corpus, ECF No. 15, be GRANTED; (2) the preliminary injunctive relief previously granted, ECF No. 22, be made permanent; and (3) the Clerk of Court be ordered to enter judgment accordingly and close this case. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within seven days of service of these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Any such document should be captioned "Objections to Magistrate Judge's Findings and Recommendations," and any response shall be served and filed within seven days of service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. See Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). (Deputy Clerk NAC) (Entered: 04/15/2026)

Apr 15, 2026

Findings and Recommendations

#32

Apr 21, 2026

Objections to Findings and Recommendations